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Judgment
N.A. Britto, J.—Heard.
This Appeal is directed against the Judgment dated 15th May, 2004 of the learned Reference Court, Margao, by which the compensation payable to the Respondent ( ''Applicant'' for short) has been enhanced from Rs. 18/- per square metre to Rs. 38/- per square metre. The Applicant''s land admeasuring 7,100 square metres of Survey No. 138 of Talvorda village in Salcete Taluka was acquired by notification published in Gazette dated 26th December, 1991 for the purpose of construction of new B.G. Line for Konkan Railway.
By award dated 15th January, 1993, the Land Acquisition Officer had awarded compensation at the rate of Rs. 18/- per square metre. The learned Reference Court relying on another Judgment in LAC No. 242/1994 has enhanced the compensation at the rate of Rs. 38/- per square metre.
LAC No. 242/1994 was the subject matter of First Appeal No.64/2000. In LAC No. 242/1994, the Reference Court by Judgment dated 16 th December, 1999 was pleased to enhance the compensation to Rs. 40/- per square metre. That was in respect of 8,650 square metre of Survey No. 137 of the same village acquired under the same notification u/s 4(1) of the Act.
The First Appeal No. 64/2000 was dismissed on 16th December, 2008 maintaining the said compensation payable at the rate of Rs. 40/- per square metre. The Appellants herein are also the appellants in First Appeal No. 64/2000. Shri Bhobe, learned Counsel appearing on behalf of the Appellants fairly concedes that Appellant''s appeal being First Appeal No. 64/2000 having been dismissed by Judgment dated 16th December, 2008 this appeal for reduction of compensation from Rs. 38/- per square metre would not be maintainable.
The submission, made fairly, needs to be accepted. The Apex Court in several decisions including M/s. Printers House Pvt. Ltd. Vs. Mst. Saiyadan (Deceased) by L. Rs., and others, has held that If Comparable Sales Method of Valuation of land'' is adopted for determining the market-value of an acquired plot of land, it generally holds good for the determination of the market value of several acquired plots of land if acquisition of all such plots of land is made pursuant to the same preliminary notification.
That being the position the appellants cannot succeed in this appeal, to reduce the compensation from Rs. 38/- per square metre when the Appellants have paid Rs. 40/- per square metres in the same village for the land acquired under the same notification in LAC No. 242/1994. Consequently, the appeal is hereby dismissed.